Why did Islam legalize divorce (2025)

Many Westerners criticizeIslamfor permittingdivorce,and they consider this evidence ofIslam’sdisdain for women and thesanctity of marriage. Some Muslims who were educated in Western cultures andwere ignorant of the rulings of their Sharia imitated them in this,althoughIslamwas not the first to legalizedivorce.Jewish law came before it, and the world knew about it long ago.

These critics looked at the matter from only one angle, which is that it harmswomen. They did not look at the issue from all sides, and their opinion wasbased on unconscious emotions that do not understand the wisdom behind it, itscauses, and its motives.Islam

assumes, first, that the marriage contract is permanent, and that themarriage continues between the spouses until death separates them. Therefore,it is not permissible inIslamto set a specific time for themarriage contract.However,Islam,while requiring that themarriage contract be permanent, knows that it is only legislated for peopleliving on earth, who have their own characteristics and human natures.Therefore, it legislated for them how to be freed from this contract, if lifebecomes difficult, the paths become narrow, and the means of reform fail. Inthis, it is completely realistic and completely fair to both the man and thewoman.There are many reasons and motives that occur between spouses,which makedivorcea necessary necessity and a definite means toachieve goodness and family and social stability for each of them. A man and awoman may marry, and then it becomes clear that there is a difference in moralsand a dissonance in character between them, so each of the spouses sees himselfas a stranger to the other, repelled by him. One of them may learn from theother after marriage something he does not like or accept in terms of personalbehavior or a hidden defect. It may appear that the woman is sterile and thehighest goals of marriage cannot be achieved with her, and he does not desirepolygamy or is unable to do so, and other reasons and motives that do not allowlove between the spouses and do not allow cooperation in life’s affairs andfulfilling marital rights as God has commanded.Divorceisthereforean inevitable matter to be done to get rid of the marriage bond that has becomeunable to achieve its purpose, and if the spouses were forced to remain in it,hatred would eat away at their hearts, and each of them would plot against theother and seek to get rid of him by whatever means he finds available. This maybe a reason for each of them to deviate. And an outlet for many evils and sins,that is whydivorcewas prescribedas a means to eliminate thosecorruptions, and to get rid of those evils, and for each of them to replace hiswife with another husband, with whom he may find what he lacked with the first,so that the saying of Allah the Almighty is fulfilled: (And if they separate,Allah will enrich each from His abundance. And ever is Allah Encompassing andWise).This is the solution to those intractable problems that isconsistent with the logic of reason and necessity, human nature and life circumstances.Thereis no harm in citing what (Beetham), the English jurist, said, to demonstrateto those panting after Western civilization and its systems that what theyapprove of that civilization, its sons who know its secrets and live its resultsfind ugly.

(Beetham) says:

(If a draft law were to be drawn up that forbade the dissolution of companies,and prevented the removal of guardians, the removal of agents, and theseparation of companions, all people would cry out: It is the height ofinjustice, and they would believe that it was issued by an imbecile or amadman. How strange that this matter, which contradicts nature, is contrary towisdom, is rejected by interest, and is not in line with the principles oflegislation, is decided by laws as soon as the contract is concluded betweenthe spouses in most civilized countries, as if they are trying to distancepeople from marriage, for the prohibition of leaving something is a prohibitionof entering into it. If the occurrence of alienation and the strengthening ofdiscord and hostility is not unlikely to occur, which is better? Binding thespouses with a strong rope, so that hatred eats away at their hearts, and eachof them plots against the other? Or dissolving the bond between them, andenabling each of them to build a new home on strong foundations? Or isreplacing one husband with another not better than adding a mistress to aneglected wife or a lover to a hateful husband?)

When Islam permitteddivorce, it did not ignore the harm that wouldresult from it to the family, especially the children. However, it noted thatthis was less dangerous when compared to the greater harm that would befall thefamily and the entire society if the troubled marriage and the weakrelationships that bind the spouses together were maintained against theirwill. So it preferred the lesser of two harms and the lesser of two evils.

At the same time, he legislated legislation that would be a treatment for itseffects and consequences, so he established the mother’s custody of her youngchildren, and for her female relatives after her, until they grow up, and hemade it obligatory for the father to provide for his children, and the wagesfor their custody and breastfeeding, even if the mother was the one who didthat. On the other hand, he madedivorceabhorrent and hated it inpeople’s hearts, so the Prophet, may God bless him and grant him peace, said:“Any woman who asks her husbandfor a divorcewithout a valid reason,the scent of Paradise will be forbidden to her.” He warned against being laxabout it, so the Prophet, may God bless him and grant him peace, said: “What isthe matter with one of you who plays with the limits of God, saying: I havedivorced her, I have taken her back?” And he, may God bless him and grant himpeace, said: “Is the Book of God being played with while I am among you?” Hesaid this about a man who divorced his wife without a valid reason.Divorce

is consideredthe last resort, and should only be resorted to when thematter becomes serious and the disease becomes severe, and when no othertreatment is effective. He advised taking many measures before resorting to it,so he encouraged the husband to be patient and tolerant with his wives, even ifthey dislike some things from them, in order to preserve the marital life, (Andlive with them in kindness. For if you dislike them - perhaps you dislike athing and Allah makes therein much good).He advised the husband, if henotices disobedience from his wife, to treat her with gradual discipline:preaching, then desertion, then light beating, (And those from whom you feardisobedience, admonish them and forsake them in the beds and strike them. Butif they obey you, seek not a way against them).He advised the wife, ifshe senses a lack of enthusiasm in the marital relationship and her husband’sinclination towards her, to do what will preserve this relationship and have agood effect in returning souls to their purity, by giving up some of hermarital or financial rights, to encourage him and reform what is betweenthem.Arbitration is permitted between them if they are unable toreconcile their differences through their own means. All these procedures andmeans are taken and tried beforedivorceis reached, and fromthis it becomes clear what a great importance relationships and marital lifehave before God.

What Allah has joined and established should not be severed unless there areserious and grave reasons that require separation. This should not be doneexcept after exhausting all means of reconciliation.

From the guidanceof Islamregardingdivorce, and fromfollowing the reasons and causes that lead todivorce, it becomesclear that just asdivorceis in the interest of the husband, it isalso in the interest of the wife in many matters. She may be the one seekingthe divorce and desiring it, soIslamdoes not stand in the way ofher desire. In this, her status is elevated and her value is appreciated, notbelittling her value, as the claimants claim. Rather, her value is belittled byignoring her desire and forcing her to be bound by a bond that she hates and isharmed by.

This is not belittling the sanctity of marriage, as they claim, but rather itis a means to create a correct and sound marriage that achieves the meaning ofmarriage and its lofty goals, not a sham marriage devoid of all the meaningsand purposes of marriage.Islam

does not aimto maintain the marital bond in any way, butIslamhasset goals and objectives for this bond, which must be achieved, otherwise itshould be abolished, and replaced by what achieves those goals and objectives.

It is also raised about the wisdom of makingdivorcein the hands ofthe man?? And does not that diminish the status of the woman??
In this regard, we say: Severing the marital bond is a serious matter, whichhas far-reaching effects on the life of the family, the individual, andsociety. It is wise and just not to give the authority to decide on this andend that bond, except to those who realize its seriousness, appreciate theconsequences that will result from it, and weigh matters with the scale ofreason, before proceeding to implement it, far from rash whims, impulsiveemotions, and sudden desires.

It is certain that a man is more aware and appreciative of the consequences ofthis matter, and is more capable of controlling his nerves and curbing hisemotions when angry and in a state of turmoil. This is because a woman wascreated with a nature and instincts that make her more affected and morequickly subject to the rule of emotion than a man, because the function forwhich she was prepared requires this. If she loves or hates, and if she desiresor becomes angry, she rushes after emotion, not caring about the results thatresult from this rush and not considering the consequences of what she does.Ifdivorcewere in her hands, she would proceed to sever the bonds ofmarriage for the most trivial reasons and the smallest disputes that are notabsent from married life, and the family becomes threatened with collapse atany moment.

This does not mean that all women are like this, but there are women who areintelligent, patient, and able to control themselves when angry with some men,and there are men who are more affected and quicker to react than some women,but the most common and basic thing is that women are as we mentioned, andlegislation is based on what is common and what is the case with men and women,and does not consider rare and exceptional cases. There is another reason forthe man’s exclusive right to break the bonds of marriage.

The promulgation ofdivorceentails financial consequences, whichobligate the husbands: it dissolves the deferred portion of the dowry if itexists, and maintenance is obligatory for the divorced woman during the waitingperiod, and compensation is obligatory for the divorced woman to whom it isdue, and the husband loses what he paid as a dowry and what he spent in orderto complete the marriage, and he needs new money to establish a new marriage,and there is no doubt that these financial costs that are incurred byDivorceshouldprompt husbands to be patient, control themselves, and consider the matterbefore proceeding withdivorce. He should not proceed with it unlesshe sees that it is a matter that is inevitable and unavoidable.

As for the wife, she will not suffer any financial losses fromdivorce,which would prompt her to be patient and consider before proceeding with it –if she is able to – rather, she gains from it a new dowry, a new home, and anew groom.

It is better for married life, and for the wife herself, that the decisionregarding the fate of married life be in the hands of the one who is mostconcerned for her and most stingy with her.

The Sharia did not neglect the woman’s side in pronouncingdivorce,as it granted her the right todivorce, if she had stipulated avalid condition in the marriage contract, and the husband did not fulfill it,and the Sharia permitted herto divorceby agreement between her andher husband, and this is usually done by her giving up to the husband or givinghim some money, which they both agree upon, and this is called khul’ ordivorceformoney, and this happens when the wife sees that it is impossible to live withhim, and she fears that if she stays with him she will be violating his rights,and this is what God Almighty explained in His saying: (And it is not lawfulfor you to take back any of what you have given them unless both fear that theywill not be able to keep within the limits of God. But if you fear that theywill not be able to keep within the limits of God, then there is no blame uponeither of them for that by which she ransoms herself).

She has the right to request a separation between her and him if he is unableto provide for her, and the same applies if she finds a defect in the husbandthat would cause the marital objectives to be lost, and it is not possible tostay with him while he is present, except with harm that befalls the wife, andit is not possible to recover from it, or it is possible after a long time, andthe same applies if the husband mistreats her and hurts her in a way that isnot appropriate for her like her, or if he is absent from her for a long time.

All of these matters and others give the wife the right to request a separationbetween her and her husband, to protect her from falling into what isforbidden, and to protect married life from its objectives from beingdisrupted, and to protect the woman from being…

Divorce is one of the issues raised by Orientalists -like other issues - with the intention that Islam wronged women when it madedivorce in the hands of men and not women. Here we would like to ask aquestion: Why was divorce legalized? Then we will follow it with anotherquestion: Why was divorce in the hands of men and not women? Does a woman nothave the right to annul the contract if her husband does something that spoilsher life or spoils her religion?

Why was divorce legalized?

Some people may think that divorce is one of the rituals of Islam, or thatIslam made it obligatory, or praised it or urged it, but the matter iscompletely different.
Divorce is the dissolution of the marriage bond by explicit or implicit wordswith the intention, and its ruling may differ. It may be permissible if itremoves harm to one of the spouses. Allah the Almighty says:
(Divorce is twice. Then, either keep [her] on acceptable terms or release [her]with good treatment) [Al-Baqarah: 229].
It may be obligatory if the harm caused to one of the spouses cannot be removedexcept by it. A man complained to the Messenger of Allah (peace and blessingsof Allah be upon him) about his wife’s vulgarity, so he said to him, “Divorceher.” Narrated by Abu Dawud.
It may be forbidden if it causes harm to one of the spouses but does not bringany benefit to the other party. In the hadith: “Any woman who asks her husbandfor a divorce without a valid reason, the scent of Paradise will be forbiddento her.” Narrated by Abu Dawud. He also said, “The most hated of permissiblethings to Allah is divorce.” Narrated by Abu Dawud.
It may be recommended, and this is when the woman is negligent in the rights ofAllah that are obligatory upon her, such as the obligatory prayer, and hecannot force her to do it, or she is not chaste.
Imam Ahmad said: He should not keep her, because it would be a deficiency inhis faith and there is no guarantee that it will spoil his marriage.
Ibn Qudamah said: It is possible that divorce is obligatory in these two cases.
Hence, resorting to the judiciary is only the resort of the one in need, andthe last resort is the treatment, which is cauterization if no other medicineis available.
Sheikh Al-Qaradawi says: “The divorce that Islam has legislated is more like apainful surgical operation, in which a sane person endures the pain of a wound,or even the amputation of a limb, in order to preserve the rest of the body andprevent greater harm.
Imposing this life by the authority of the law is a harsh punishment that aperson does not deserve except for a major crime. It is worse than lifeimprisonment, rather it is an unbearable hell. One of the wise men said longago: ‘One of the greatest calamities is associating with someone who does notagree with you and will not leave you.’
Al-Mutanabbi said:
‘One of the hardships of life for a free man is to see an enemy who cannot befriends with him.’
If this is said about a friend whom a person meets for days a week or hours atwork, then how about the wife who is his houseguest, his companion, and hislife partner?
With this, we can answer the first question, which is why was divorcelegislated? The answer is that it was legislated to dissolve the bond ofmarriage if life

before divorce

became impossible. Since divorce is the end of the road and the painfultreatment for a serious illness, it must be preceded by several things so thatpeople do not resort to… To him, and from that:
1. Choosing a good wife, provided that the basis of the choice is religion (“Somarry the one who is religious, may your hands be rubbed with dust”) agreedupon.
2. Looking at the fiancée, as it is more likely to lead to affection.
3. The woman and her guardians should be concerned with choosing a man of goodcharacter and religion.
4. Stipulating the woman’s consent and not forcing her.
5. Consulting mothers in choosing husbands.
6. The necessity of treating each other well.
If these steps are taken and the unexpected happens, the following steps willresult in treatment:
1. Calling for patience, for perhaps there is good in evil (“Perhaps youdislike a thing and Allah makes therein much good”) [An-Nisa’: 19].
2. Making both parties aware of their responsibility towards the other (“Eachof you is a shepherd and each of you is responsible for his flock”) narrated byAl-Bukhari.
3. Preaching with gentle words, provided that the words remind of theconsequences of the matter and frighten from Allah’s threat (“Advise them”)[An-Nisa’: 34].
4. Abandonment, provided that the abandonment is in the bed (“And leave themalone in their beds”) [An-Nisa’: 34].
5. Hitting, but not severely so that it does not break a limb or leave a mark,and one should avoid hitting the face (“And hit them”) [An-Nisa’: 34].
6. Arbitration, provided that each spouse sends an arbitrator from his side(Send an arbitrator from his family and an arbitrator from her family)[An-Nisa: 35].

Stages of divorce:

It is known that the Sunnah divorce occurs in stages and under certaincircumstances, including:
1. That the divorce be during a period of purity in which he has touched her.2. That the divorce be with
one divorce, during which the woman observes the waiting period in the maritalhome and does not leave it.
3. If the dispute returns, the second divorce is given.
4. If the situation continues and the husband does not return to his wife, thedivorce is a minor irrevocable divorce.
5. If the matter becomes heated after the two divorces, the third divorce isgiven, and with it the separation is completed, as she is separated from herhusband with a major irrevocable divorce, and she is not permissible for himuntil she marries another husband.

Why is divorce in the hands of the man?

This question is usually raised as if it is unfair to the woman, but first wesay that this matter is a test from Allah, the Almighty, and He knows best thecondition of His servants (Does He not know who He created? And He is theSubtle, the Acquainted) [Al-Mulk: 14].
Divorce is in the hands of the man for two reasons:
1. The man is the one who provides from the beginning of the marriage, payingthe dowry, establishing the home, and spending on the family.
2. The man is naturally prepared to be patient and rational, and for him,matters usually occur after knowledge and deliberation. He is less emotional,more self-controlled, more in control, and more aware of the consequences ofthings. Allah the Almighty says (Because Allah has favored some of them overothers and because they spend from their wealth) [An-Nisa’: 34].

Or does the woman not have the right to annul the contract?

Although Islam has made divorce in the hands of men, women have somethingsimilar to it in several cases:
1. Khul’: which is a woman’s ransom from her husband whom she hates with money.This is a form that has been made in the hands of women, similar to divorcebeing in the hands of men, because if a woman finds that her life with a manmakes her not uphold the limits of Allah, and she hates living with him on thisbasis, then Islam permits her to ransom herself from him with the dowry he gaveher. In the case of Zayd ibn Thabit, the Messenger of Allah (peace andblessings of Allah be upon him) said to Zayd’s wife (Do you want to return hisgarden to him? She said: Yes. He said to her husband: Accept the garden anddivorce her once) Al-Bukhari.
2. If the woman stipulates that the divorce is in her hands and the man agreesto that, then the matter is hers.
3. Divorce due to lack of support: If the man keeps his wife and does notsupport her, then it is permissible for her to take her case to the court anddivorce him.
4. Divorce due to absence: This is if the man travels and his whereabouts arenot known, or he travels and is absent for a long time. There is a differenceof opinion among scholars regarding this period, so the woman may take her caseto the judge and divorce her from her husband.

Why did Islam legalize divorce (2025)

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